Quebec Rent Increase Notice: 8 Mistakes to Avoid

Mistake 1: The notice is received outside the window

Example: a lease from July 1 to June 30. You mail the notice on March 29, and the tenant receives it on April 3. They had to receive it between January 1 and March 31: what counts is the date of receipt, not the sending date.

A notice received too early or too late does not meet article 1942 of the Civil Code of Québec, and you risk losing the change for this renewal. The fix: send the notice at the start of the window, in January for a lease ending June 30.

Mistakes 2 and 3: Only one co-tenant, no proof of receipt

Mistake 2: only one co-tenant gets the notice. Example: Julie and Marc both signed the lease, and you hand a single notice to Julie. For Marc, you have no proof of receipt. The fix: one notice for each tenant who signed the lease. The Tribunal administratif du logement (TAL) form says so itself: it must be sent individually to each tenant concerned.

Mistake 3: no proof of receipt. Example: you slip the notice under the door in January, and in April the tenant says they never got it. Proving receipt is up to the landlord. The fix: a delivery method that leaves proof, and a copy for your records:

• Registered mail, with the Canada Post delivery confirmation.
• Hand delivery, with the acknowledgment of receipt signed by the tenant (the TAL form has a box for it).
• Any other method that gives valid proof of receipt, such as an email with confirmation of receipt.

Mistakes 4 and 5: An old template, the wrong language

Mistake 4: an old notice template. Example: you reuse the letter you have used since 2020. Since December 26, 2024, the notice must reproduce the mandatory text of Schedule I of a Quebec regulation: the tenant's 3 possible answers, the deadlines and the application to the Tribunal. A letter without that text does not comply. The fix: the current official TAL form, with both pages, because page 2 is part of the notice.

Mistake 5: a notice that is not in the language of the lease. Example: Luc's lease is in English, and you send him the notice in French. The notice must be in the language of the lease (article 1898). Otherwise, it may be inopposable to the tenant (you cannot rely on it against them), unless you prove to the Tribunal that they suffered no prejudice. The fix: the form in the language of the lease, TAL-806-E in French or TAL-806A-E in English.

The same article covers the address: the one shown in the lease, or the new address the tenant gave you after signing. A notice sent elsewhere runs the same risk.

Mistake 6: An increase with no number

Example: "Rent will increase according to inflation" or "Increase to be determined." Article 1943 requires the new rent in dollars, or the increase in dollars or as a percentage of the current rent.

One exception: a percentage of the rent to be fixed by the Tribunal, when that rent is already the subject of an application. The fix, for rent of $1,000:

• New rent: "Your new rent will be $1,040 per month."
• Increase in dollars: "Your rent will increase by $40 per month."
• Increase as a percentage: "Your rent will increase by 4%."

Mistakes 7 and 8: An unsigned notice, a simple letter

Mistake 7: a notice that is not dated or not signed. Example: you fill in the form but forget the date and signature. The notice must be dated and signed by the landlord or by their mandatary, the person acting on their behalf. The fix: check each copy before sending.

Mistake 8: a simple letter. Example: you want to raise the rent, but on February 1 you only write "Are you staying another year?" According to the TAL, that is not a notice of modification, and the tenant does not have to answer it. Without a real notice received within the window, the lease renews on the same conditions. The fix: send an actual notice of modification.

Before you send: the checklist

ProprioSign takes care of part of the list below: it checks the sending window, prepares one notice per tenant who signed the lease on the official TAL form, and records the date each one confirms receipt.

With or without a tool, check before sending:

• Receipt expected within the window of article 1942.
• One notice per tenant who signed the lease, at the address in the lease.
• The current official form, in the language of the lease.
• An increase stated in dollars or as a percentage.
• The date and your signature.
• Proof of receipt, and a copy of each notice.